The judgment is here:
This is an important copyright and consumer protection law case. Redbubble recently appealed (and its seems that their appeal was lodged outside of the appeal window).
There is also a similar case pending, involving the Hell's Angels.
A good summary is located on the IP Whiteboard blog.
The latest judgment on a procedural motion is http://www.judgments.fedcourt
The decision is  FCA 539.
The case concerned a generic term, that was used as a domain name, but where significant advertising had built up recognition of the brand. The Applicant lost on consumer protection grounds but was successful in relation to trade mark infringement. The case shows the risks of using a dictionary term as a brand, and the importance of a trade mark registration.
Who does this affect?
The new laws raise issues for all software licences with Australian end-customers where either:
- the software is "of a kind ordinarily acquired for personal, domestic or household use or consumption"; or
- the amount paid or payable for the software is $A40,000 or less.
Those end-customers are taken to be "consumers" by the ACL, even if they are multinational corporations or government entities well-equipped to negotiate to protect their interests.
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